انحراف سلطة التعديل الدستوري في الأنظمة الاتحادية: دراسة مقارنة

Abstract EN

The rules of constitutional amendment play an important role in fortifying the principle of the supremacy of the federal constitution, because they are not just constitutional texts, but rather represent the vision of the constituent authority to determine the constant and variable in the constitutional structure, The consolidation of certain issues by complicating the procedures for amending them is a reflection of the desire of the drafter of the constitution to fortify it.

Then it is a constitutional recognition of its necessity, and when we talk about the deviation of the constitutional amendment authority, we discuss it as far as it relates to the federal system, i.e.

in terms of the impact of the federal system on the formulation of these rules, And the mechanism employed to protect it is its constitutional basis, that the supremacy of the federal constitution means the supremacy of the federal system, so the latter is only a constitutional rule, then it takes the features of the federal constitution, especially its sovereignty that gives it a higher position in the legal hierarchy within the federal state, which requires immunizing it from rules that contradict With its constitutional principles, therefore, the restriction of the power to amend the federal constitution is based on its commitment to preserving the constitutional stability of the federal system, which necessitated this restriction.

It is not enough for this authority to comply with the constitutional requirements governing the content of the constitutional amendment, but it must also follow the procedures stipulated in the constitution.

Hence, the Iraqi legislator had to take a number of legislative measures targeting ISIS funds in Iraq, as the Iraqi legislator formed a committee to freeze terrorist funds, whose main task is to freeze the financial assets of terrorists and other assets of persons identified by the United Nations Sanctions Committee or who have been classified At the national level, based on local lists, or at the request of one of the countries, in response to international cooperation in imposing targeted financial sanctions.